No. 18-1320

Renee Baker, Warden v. Alquandre H. Turner

Lower Court: Ninth Circuit
Docketed: 2019-04-18
Status: Denied
Type: Paid
Experienced Counsel
Tags: 28-usc-2244 amended-judgment civil-rights conviction conviction-challenge due-process federal-habeas habeas habeas-corpus new-judgment sentence sentencing successive-petition successive-petitions time-served-credit
Key Terms:
HabeasCorpus Securities
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether an amended judgment of conviction containing only nominal changes that do not disturb the original conviction and sentence should be considered a new judgment that renews a state inmate's ability to challenge his conviction and sentence

Question Presented (OCR Extract)

QUESTIONS PRESENTED Eight years after his conviction, and on the heels of two unsuccessful federal habeas actions, Alquandre Turner moved to amend his state judgment of conviction to correct a clerical error and add 154 days of credit for time served prior to sentencing. The state district court summarily granted the motion and amended the judgment, but left Turner’s original conviction and corresponding sentence undisturbed. Following entry of the amended judgment, Turner filed a third federal habeas petition. The district court dismissed the petition as an unauthorized successive petition pursuant to 28 U.S.C. 2244(b). Turner accordingly sought leave to file a successive petition from the Ninth Circuit Court of Appeals, while also arguing that his petition was actually a first petition challenging a new judgment. A Ninth Circuit panel agreed, and transferred the case to the district court with instructions to consider the petition as a first petition. The questions presented are: 1. Whether an amended judgment of conviction containing only nominal changes—that do not disturb the original conviction and sentence—should be considered a new judgment that renews a state inmate’s ability to challenge his conviction and sentence. 2. Whether, if a new judgment of conviction is entered, a petitioner who already sought federal habeas relief must obtain authorization to file a second or successive petition under 28 U.S.C. § 2244(b), in order to challenge undisturbed elements of the original judgment.

Docket Entries

2019-10-07
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2019-10-07
Petition DENIED.
2019-07-03
DISTRIBUTED for Conference of 10/1/2019.
2019-07-03
Reply of petitioner Renee Baker, et al. filed. (Distributed)
2019-06-28
Motion for leave to proceed in forma pauperis filed by respondent Alquandre H. Turner.
2019-06-19
Brief of respondent Alquandre H. Turner in opposition filed.
2019-05-22
Motion to extend the time to file a response is granted and the time is further extended to and including June 19, 2019.
2019-05-17
Motion to extend the time to file a response from June 7, 2019 to June 19, 2019, submitted to The Clerk.
2019-05-15
Motion to extend the time to file a response is granted and the time is extended to and including June 7, 2019.
2019-05-09
Motion to extend the time to file a response from May 20, 2019 to June 7, 2019, submitted to The Clerk.
2019-04-15
Petition for a writ of certiorari filed. (Response due May 20, 2019)

Attorneys

Alquandre H. Turner
Thomas Lloyd QuallsLaw Office of Thomas L. Qualls, Ltd., Respondent
Thomas Lloyd QuallsLaw Office of Thomas L. Qualls, Ltd., Respondent
Renee Baker, et al.
Heidi Jill Parry SternDeputy Solicitor General, Petitioner
Heidi Jill Parry SternDeputy Solicitor General, Petitioner